DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD Vs. BASAVARAJ

JUDGEMENT

(1.) These appeals are at the instance of the insurer calling in question the legality of the award dtd. 30/7/2010 in WCA No .36/2008, 33/2008, 34/2008, 35/2008, 37/2008 and 38/2008 passed by the learned Commissioner for Workmen's Compensation, Koppal.

(2.) Brief facts are that, claimant Tirupati Reddy was the driver, claimant Nagaraj son of Thippanna was the cleaner, claimant Nagaraj son of Siddanna, claimant Basavara j son of Basanna, claimant Shivakumar son of Thipperudrappa and claimant Suresh son of Mallanna were all working as 'hamalis' in lorry bearing registration No.AP-27/V-7121 owned by respondent No.1 - Munirathnam (before the learned Commissioner) and insured with the appellant herein. It is stated that on 2/10/2007 as per the directions of respondent No.1 - Munirathnam, they had unloaded maize in Challakere and while they were returning to Bellary at about 2.00 a.m., on account of rash and negligent driving of the driver, the lorry in question dashed to another lorry bearing No. TN28/L-9856 near Tammenahalli on S.H.19 resulting in in juries to all the claimants. It is stated that initially they had taken treatment in Toranagallu and also at Korlagundi Primary Health Centre.

(3.) In the claim proceedings before the learned Commissioner, respondent No.1 - Munirathanam appeared and filed a written statement admitting employeremployee relationship between him and the claimants herein and their wages as well as the factum that the accident resulting in injuries took place during the course of and arising out of the employment.